State abused its position under a misconceived notion, all its actions, such as award of contracts or tenders, were nothing but a generosity which it could, at its own whims, choose to deny, alter, modify, or take away without any consequences. Law cannot afford to remain static [M.C. Mehta v. Union of India, (1987) 1 […]
Read more "Tender Law VI"Arbitral Award made by Arbitral Tribunal on 30th June, 2022 was served on same day. In view of Section 12(1) of The Limitation Act, 1963, 30th June, 2022 will have to be excluded while computing limitation period. Thus, in effect, period of limitation started running on 1st July, 2022, period of limitation being of 3 […]
Read more "Section 34(3) of The Arbitration Act III"Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on […]
Read more "Section 37 of The Arbitration Act IV"Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted. We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel […]
Read more "Able Disable All People Together II"“Let justice be done though the heavens fall” In early hours of 19/05/2024 a ghastly incident killed 2 young individuals in Pune and cause for same happened to be a Porsche rashly driven by Master X, a child in conflict with law. On very same day, he came to be released on bail. Juvenile Justice […]
Read more "Fiat Justitia Ruat Caelum, Again"Arbitrator does not do pro bono work. For him, it is a professional assignment. Arbitrator who accepts an appointment cannot say, he will not fix a meeting to conduct Arbitral Proceedings or a hearing date unless parties request him to do so. It is duty of an Arbitral Tribunal to do so. Section 32 of […]
Read more "Section 32 of The Arbitration Act"27 SC Judges on CJI Lalit J’s retirement day [08/11/2022] turned to 28 with Datta J’s arrival [12/12/2022] and 27 again on Nazeer J’s retirement [04/01/2023]. A month later [06/02/2023], 5 Judges were elevated to SC [Mithal, Karol, S. Kumar, Amanullah, M. Misra JJ]. Also, within a week [13/02/2023], 2 more Judges were elevated to […]
Read more "34, The Nature of Judicial Power: Article No. 1434"State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657 did not dispute, a statute of limitation only bars a remedy and does not extinguish a debt. It would also be apposite to point out, recently, K.C. Ninan v. Kerala State Electricity Board, 2023 INSC 560 noticed V.R. Kalliyanikutty and concluded, a statute of limitation […]
Read more "Referred to Larger Bench XXXVII: Limitation and Debt"Time and again Court has said, there should not be any element of political consideration in matters like appointment of a Public Prosecutor. The only consideration for Government should be ‘merit’. A good, seasoned and experienced Public Prosecutor will not only bring contradictions on record, but will also cross-examine a hostile witness at length. It […]
Read more "Public Prosecutor"Many times, Parents including Close Relatives of a Wife make a mountain out of a mole. No sooner it reaches Police, fair chances of reconciliation would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent […]
Read more "Criminal Proceedings in Marriages"A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on television and online, which contained a song in form of a video. Afreen Fatima Zaidi states, ‘Fan‘ did not contain the song, even though the song was […]
Read more "Promotional Trailers"Karikho Kri-Independent, Dr. Mohesh Chai-Bharatiya Janata Party and Nuney Tayang-Indian National Congress contested from 44 Tezu (ST) Assembly on 11.04.2019. Karikho Kri emerged victorious with 7538 votes, while Dr. Mohesh Chai secured 7383 and Nuney Tayang secured 1088 votes. Once it is accepted, Kri’s Kinetic Zing Scooty-AR-11/4474, Maruti Omni Van-AR-11A/3100 and TVS Star City Motorcycle-AR-11/685 […]
Read more "The Case of Three Vehicles"A ‘corrupt practice’ is easy to level but difficult to prove. No allegation would fall within definition of ‘corrupt practice’ of ‘undue influence’ as envisaged in Section 123(2) of The Representation of the People Act, 1951. Election Petition No. 01 of 2021 of Aminul Haque Laskar against Karim Uddin Barbhuiya also lacks ‘concise statement’ of […]
Read more "Disobedience of Section 83(1)(a) of RP Act, 1951"Chief Justice Sabyasachi Mukharji in Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 felicitously described, “Principles of Natural Justice are fundamental… no man or no man’s right should be affected without an opportunity to ventilate his views… we are also conscious, justice is a psychological yearning.” This echoes what Lord Megarry said […]
Read more "Referred to Larger Bench XXXVI (Answered): Principles of Natural Justice X"This litigation between parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. It would be a mockery of justice if we condone a delay of 12 years and 158 days. We are of view, a question of limitation is not merely a technical consideration. We should not keep the ‘Sword […]
Read more "Condonation of Delay XII: 12 Y 158 D"The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in Section 19(1) be read as ‘shall’. As can be seen, there has been a flagrant violation of […]
Read more "Claim of Juvenility VIII"In matters of appointment of Judicial Officers, opinion of a High Court is not a mere formality because a High Court is in best position to know about suitability of candidates as District Judges. Constitution therefore expects Governors to engage in ‘constructive constitutional dialogue’ with High Courts before appointing persons to a post of a […]
Read more "The Revival of Ray XCIII"Duality of Sir Amitabh in Shahenshah, (1998) as a Corrupt-Comic Police Officer and a Costumed Crime-Buster compelled many to wonder, what did Sir Amitabh do with his illegal gratifications? No matter what you answer, acceptance of those gratifications were without law. Court has not refrained from reconsidering a prior construction, if it proves to be […]
Read more "Illegal Gratification IV"High Court is constitutionally independent and not subordinate to Supreme Court. _____ We do not live in an ideal world. Constitution Bench of Sanjeev Coke Manufacturing Company, (1983) 1 SCC 147 held, “We have serious reservations on whether it is open to a Court to answer academic or hypothetical questions. We think it is inexpedient […]
Read more "The Nature of Judicial Power: Asian Resurfacing"Registrar: “Curative Petitions filed were heard and disposed of in an Open Court. In this regard, Rule 2(1), Order XLVIII, S.C.R., 2O13 reads: Petitioner, in Curative Petition, shall aver specifically, grounds mentioned therein had been taken in Review Petition and it was dismissed by circulation. Since aforesaid Review Petitions were disposed of in an Open […]
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